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Name: SB 1437
Summary

Appellant appealed following the denial of his petition for resentencing under Penal Code section 1172.6. The Court of Appeal agreed with the parties that the trial court erred in denying appellant’s petition at the prima facie stage of the statutory proceedings. Appellant’s conviction for voluntary manslaughter was not an absolute bar to eligibility as it did not require an admission that appellant acted with intent to kill. And although appellant admitted using a firearm in committing the offense (§ 12022.5, subd. (a)), he was not charged with nor admitted firing that weapon.